Published: Oct 28, 2010 4:17 PM EDT
Updated: Oct 28, 2010 1:17 PM EDT

TAMPA, Fla. (AP) - A Florida judge has ruled that Jamaican reggae singer Buju Banton can be released from jail before his next trial, but not yet.

U.S. Magistrate Anthony Porcelli ruled Wednesday that Banton can be released under strict conditions. But Porcelli delayed Banton's release for five business days to allow federal prosecutors to appeal to U.S. District Judge James Moody.

If Moody rules in Banton's favor, the singer would still have to persuade an immigration judge to allow his release.

Banton, whose real name is Mark Myrie, is accused of conspiring to buy cocaine from an undercover officer in Sarasota. He's been held without since his arrest in December.

Moody declared a mistrial for Banton last month after jurors said they could not reach a verdict.